wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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GCStatus
09-16 08:20 PM
Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
Its called as Maya, In Vedas they say you chant what you want 24/7, you will get it coz your mind and subconscious mind is occupied in it.
Sages chant the Supreme, you chanted Green Card ;-)
longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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logiclife
01-09 12:00 PM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
more...
Berkeleybee
04-10 09:12 PM
Should I narrate the story of the 'success of microsoft' and its history?:)
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
jfredr
08-31 03:38 PM
Good Find
more...
HOPE_GC_SOON
06-27 08:35 AM
Hi Rajakannan:
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)
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solaris27
04-22 09:34 AM
we want it in all 50 states
more...
nikh
09-20 10:19 PM
As per the data, so far people with notice date (on 485) before sept 1st have got their FP notices (except few people). So, I presume if someone's case transfered back to NSC from CSC before spet 1 st, he or she should expect their FP notice soon.
Obviously, we are not going get our notices if there several people lined up with notice dates before our transfer dates.
This is just my logical conclusion, may be incorrect
Obviously, we are not going get our notices if there several people lined up with notice dates before our transfer dates.
This is just my logical conclusion, may be incorrect
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up_guy
01-02 11:34 AM
Happy New Year Guys
I have quick question. Please comment on this �
Can anyone accept payments for expenses (reimbursement) from other than your employer (payroll & H-1b holding company). This could be accept such payments for expenses (reimbursement) directly from middle man company or client ?
Please respond
I have quick question. Please comment on this �
Can anyone accept payments for expenses (reimbursement) from other than your employer (payroll & H-1b holding company). This could be accept such payments for expenses (reimbursement) directly from middle man company or client ?
Please respond
more...
map_boiler
08-08 10:12 AM
...as some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.
Congrats, and all the best!
Congrats, and all the best!
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shukla77
09-14 03:46 PM
I would like to know about two H1s too. How is that possible. Any links??
more...
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gcstruggle
11-09 04:15 PM
RD- July 10; ND - Sept 7, received FP notices for me but not for my spouse.
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belmontboy
05-18 04:29 PM
There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!
nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
Just a thought..
Especially IIT/IISc are not too bad schools in india!
nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
more...
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sledge_hammer
02-27 05:41 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)
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gc_on_demand
06-12 11:05 AM
It must have started.. Its already 11 AM. may be not on C_SPAN
more...
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nefrateedi
08-22 04:12 PM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
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gc28262
06-24 12:33 PM
No way CIR or any form of amnesty for illegal will happen in the next few year.
Immigration is one thing where majority of americans are united in controlling illegal population.
It can pass Senate but House it will never pass.
Moment CIR comes up, the right wing will arouse the masses. House members focus on more
local issues and in many districts people dont want illegal amnesty or CIR. They want a crackdown.
Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.
In fact democratic party was able to get the house by selecting conservation candidates in the
conservative districts. Thats was the Howard dean/Rahm emanuel strategy. Select candiates who can win rather than candidates who are steadfast with core democratic party principles.
Thus you have democratic party members like Jim Webb who are adrent supporters of the NRA
(pro guns) in a state like Virginia.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
Immigration is one thing where majority of americans are united in controlling illegal population.
It can pass Senate but House it will never pass.
Moment CIR comes up, the right wing will arouse the masses. House members focus on more
local issues and in many districts people dont want illegal amnesty or CIR. They want a crackdown.
Democratic members in the House will never pass CIR against a Republican opposition otherwise they will pay a heavy price in the election.
In fact democratic party was able to get the house by selecting conservation candidates in the
conservative districts. Thats was the Howard dean/Rahm emanuel strategy. Select candiates who can win rather than candidates who are steadfast with core democratic party principles.
Thus you have democratic party members like Jim Webb who are adrent supporters of the NRA
(pro guns) in a state like Virginia.
If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.
IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.
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realizeit
02-11 11:53 PM
Mr MPADAPA,
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.
You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.
I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.
To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.
My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.
MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.
If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".
Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.
Good luck :)
realizeit, you just didn't get the unused visa calculation.
By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.
Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.
My complete earlier reply
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
shalini_s_b
04-01 03:54 PM
hi, i have sent #10 web fax.
mirage
02-04 03:14 PM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
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